1 Constitutionalism, rule of law and the Hungarian phenomenonTamas Dezso Ziegler Constitutionalism, rule of law and the Hungarian phenomenon (in a European context)

2 Tusnadfurdo, 2014

3 Tusnadfurdo, 2014 Liberal democracies cannot maintain their competitiveness Western leaders failed Have to create a state „which is not liberal, and maybe not even a democracy” Expressis verbis mentions illiberal democracy (disappears from official tranlation) Examples: Singapure, India, Russia, Turkey

4 Systemic problems

5 Basic statements Danger: negative spillover is possible, especially if Visegrand 4 defends the changes in Hungary (spillover: neofunctionalism, Ernst B. Haas) No democratic process available to reverse the changes (see e.g. the laws on elections) Two options: either remove the government with formally illegal methods Or the country will completely sink into a hardcore autocracy

6 The framework of changes2010: new government All major laws were changed (Constitution, Civil Code, Penal Code, Electoral laws, etc.) No social consultation: many laws are adopted as individual proposals of MPs New laws function as gears in the system of rule of law: gears are connected, and in their complexity, they constitute a heavily anti-democratic regime, even if some of the individual “gears” cannot be shown to be unlawful (Imre Vörös)

7 The framework of changes – legal systemNew constitution: change of values More cardinal laws (2/3 majority needed to change them) Changes of the electoral system: „the main governing party enjoyed an undue advantage” (OSCE, 2014) Public work (for government aid) Symblic: teach nazi authors in public schools (József Nyírő, Cecile Tormay) + segregation of Roma students in schools becomes an available option

8 The framework of changes –legal actionsManage to buy and destroy Hungary’s top left wing newspaper Public TV + Radio channels became propaganda tools Media law (stronger control over media by a media authority – only symbolic relevance) Goverment friendly businessmen buy a lot of newspapers Make journalists get fired from independent newspapers

9 The framework of changes - checks and balancesConstitutional court: only government delegates judges: approves every (!!!) action Forced retirement of judges: age limit lowered – new judges Public prosecutor: detains an opposition leader a couple of days before the 2010 election (later all charges were dismissed) + Hagyo case (bad conditions in prison)

10 The framework of changes – handling refugeesOnly a small minority receive refugee status (couple of hundred people) Keep them in tents in winter + abolish refugee camps with proper conditions Build fence and put electricity in it New criminal laws: 10 years for throwing something at the police at the southern Border + harsh punishment for a disabled refugee, etc. Refugees get detained automatically (not conform with ECHR) Extensive campaign against refugees (thousands of posters on the streets + letters are sent to every citizen, call these national consultation)

11 The framework of changes – handling refugeesIf you come to Hungary, you cannot take away the Hungarians’ job!

12 The framework of changes – handling refugeesIf you come to Hungary, you have to respect our culture!

13 The framework of changes – handling refugeesGeorge Schöpflin’s (MEP) reaction to the frightening masks on the fence.

14 The framework of changes – attacks against NGO-sNorway fund grants – dispute with Norway Foreign agents law: stigmatizing label on every publication Human rights defenders (like Helsinki Foundation, Amnesty International, Transparency International) are called the agents of George Soros

15 The framework of changes – Puppets of billionaires campaignGeorge Soros as puppetmaster of László Botka, the Head of the Socialist party (Milliárdosok emberei – puppets of billionaires)

16 The framework of changes – Central European University

17 The framework of changes – Let us stop Brussels campaignÁllítsuk meg Brüsszelt! - Let us stop Brussels!

18 Major cases at the ECtHRExtreme high number of cases: 9188 (!!!!!) ongoing cases (data of March, 2017) ECtHR had to create a new Hungarian department Vajnai case: wearing red star must be allowed Religious communities: discriminative practice Judges, including the former president of the Supreme Court sued for compensation Keeping opposition leaders in bad condition in prison was unlawful Handling of refugees in transit zones was against human dignity + refugees cannot be detained without proper cause Bad prison conditions (hundreds of cases)

19 Major cases at the CJEU Pensioning of judges: discriminativeAbolishing the position of the data protection ombudsman was unlawful CEU: infringement procedure Annulement of the refugee quota system: judgment will be published soon (Hungary and Slowakia started a procedure against the qouta at the CJEU – Hungary: 1260 refugees) Infringement procedure: refugee protecion not available: numerous procedural problems Discminative laws not conform with the single market – hundreds of different cases

20 EU answers EP decisions – a nearly useless measure IMOTavares report (EP) (2013) adresses some probems, including Electoral system Media law Obligatory community service for unemployed who want to receive state support Article 7 procedure (human rights in danger in a country): ALDE tried to make the EU introduce it several times, European Peoples’ Party blocked it - Daniel Kelemen: „leading figures in the European People’s Party are sheltering the Orbán regime in the name of partisan politics” Commission reacts to the „stop Brussels campaging” by issuing an answer: first ever of such actions

21 EU answers New EP decision - P8_TA(2017)0216 - May 2017 (:MEPs call for triggering Article 7 procedure Refugees: among other measures, „91,54 % of asylum applications in 2016 were rejected” Case of Central European University Harrassement of NGOs Media pluralism Stronger control of EU funds spent in Hungary In a number of cases Hungarian Parliament adopts resolutions that it does not follow EU law and/or ECHR or judgments of ECtHR.

22 EU answers New EP decision - P8_TA(2017)0216 - May 2017:„Some” issues, in one sentencce  „concerns have been raised about a number of issues, namely the use of public spending, attacks against civil society organisations and human rights defenders, the rights of asylum seekers, mass surveillance of citizens, freedom of association, freedom of expression, media pluralism and the closure of the newspaper Népszabadság, Roma rights, including the eviction of Roma in Miskolc and segregation of Roma children in education, LGBTI rights, women’s rights, the judiciary system, including the possibility to hand down a sentence of life imprisonment without parole, the forced eviction of Hungarian NGOs Roma Parliament and Phralipe Independent Gypsy Organisation from their headquarters, and the risk of closure of the Lukács Archives;”